(4) Arkansas: No statute. Stair v. Phillips, 315 Ark. 429, 867 S.W.2d 453 (1993) (stepparent has no right to custody of stepchild after divorce); Stamps v. Rawlins, 297 Ark. 220, 761 S.W.2d 933 (1988) (interpreting Ark. Code Ann. 9-13-101, which provides that court can award custody of "child of marriage," court held that it could award custody of stepchild to stepparent, but that there was a natural parental preference in such a custody dispute).

(5) California: Cal. Fam. Code 3040(3), 3041 (West 1994) (authorizing nonparent custody based on finding that an award of custody to parent would be detrimental to child and award to nonparent would serve best interests of child); Cal. Fam. Code 3101 (West 1994) (specifically recognizing stepparent visitation on divorce or death of parent). In re Marriage of Hinman, 6 Cal. App. 4th 711, 8 Cal. Rptr. 2d 245 (1992) (court had authority to award custody to stepparent, estopping natural mother from denying that children were "of the marriage" where she so claimed in pleadings); Goetz v. Lewis, 203 Cal. App. 3d 514, 250 Cal. Rptr. 30 (1988) (court does not have jurisdiction in divorce proceeding to determine custody of child not of the parties, but may, by statute, grant visitation rights); In re Hirenia C., 18 Cal. App. 4th 504, 22 Cal. Rptr. 2d 443 (1993) (former female cohabitant of preadoptive mother had standing to request visitation where child had been placed with both women as foster parents prior to adoption).

(6) Colorado: Colo. Rev. Stat. 14-10-123 (1987) (nonparent has standing, under state provision of Uniform Marriage and Divorce Act, to assert custody of child where he or she has had custody of the child for six months). In re Custody of C.C.R.G., 872 P.2d 1337 (Colo. Ct. App. 1993) (court could consider stepparent’s claim to custody under provisions of Uniform Marriage and Divorce Act); In re Marriage of Dureno, 854 P.2d 1352 (Colo. Ct. App. 1992) (trial court may grant visitation privileges to stepparent where stepparent has acted in loco parentis).

(7) Connecticut: Conn. Gen. Stat. Ann. 46b-57 (West 1995) (provides standing to any interested third party to intervene in custody dispute, establishing jurisdiction in the superior court over any minor child of either or both parties); Conn. Gen. Stat. Ann. 46b-59 (West 1995) (provides jurisdiction to grant visitation rights to any person on divorce). Patrell v. Ayers, 5 Conn. L. Rptr. No. 10,249 (Super. Ct. 1991) (person who is not biological, adoptive, or foster parent does not have standing to seek custody; statute applies only in dissolution, annulment, or separation); Temple v. Meyer, 208 Conn. 404, 544 A.2d 629 (1988) (denying visitation rights to stepfather, but holding that only relevant criterion was best interests of child).

(11) Georgia: Ga. Code Ann. 19-9-1, -2 (Supp. 1996) (court may place custody with a third party on divorce or death of parent). Howell v. Gossett, 234 Ga. 145, 214 S.E.2d 882 (1975) (in contest between father and stepfather after death of mother, stepfather must show that father is not a fit and proper person to have custody).

(12) Hawaii: Haw. Rev. Stat. 571-46(2) (Supp. 1995) (custody may be awarded to persons other than the mother or father, where such award serves the best interests of the child; person with de facto custody in a stable and wholesome environment is entitled to prima facie award of custody); Haw. Rev. Stat. 571-46(7) (Supp. 1995) (allowing court to grant visitation rights to any person on divorce on showing of best interests of the child).

(14) Illinois: 750 Ill. Comp. Stat. Ann. 5/601(b)(2) (West Supp. 1996) (state provision of Uniform Marriage and Divorce Act, permitting person other than parent to petition for custody or visitation if the child is not in the physical custody of one of his parents). In re Marriage of Carey, 188 Ill. App. 3d 1040, 544 N.E.2d 1293 (1989) (under Uniform Marriage and Divorce Act, a nonparent, without showing that the natural parent is unfit, may obtain custody of the child if the best interests of the child so dictate).

(19) Louisiana: La. Civ. Code Ann. arts. 131, 133 (West Supp. 1996) (custody may be awarded to person in whose home child has been living in a wholesome and stable environment); La. Civ. Code Ann. art. 136 (West Supp. 1996) (specifically recognizing stepparent visitation on divorce). McKinley v. McKinley, 631 So. 2d 45 (La. Ct. App. 1994) (stepfather awarded custody of stepdaughter, on finding that her best interests would be served by not separating her from her half-siblings).

(22) Massachusetts: Mass. Gen. Laws Ann. ch. 208, 28 (West Supp. 1996) (on judgment of divorce, court may award custody to third person if it is in the best interests of the children).

(23) Michigan: Mich. Comp. Laws 722.27(1)(a) (1993) (court may award custody of child to one or more of the parties involved or to others); Mich. Comp. Laws 772.27(1)(b) (1993) (allowing court to grant visitation to any interested person if reasonable).

(25) Mississippi: Miss. Code Ann. 93-5-24(1)(e) (1994) (court may grant custody to nonparent if parent is unfit). Milam v. Milam, 376 So. 2d 1336 (Miss. 1979) (after death of mother, in contest between father and stepfather, the burden is on the stepfather to prove that the father is mentally, morally, or otherwise unfit).

(26) Missouri: Mo. Ann. Stat. 452.375(5)(3) (West Supp. 1996) (when court finds that each parent is unfit, unsuitable, or unable to meet the demands of custody, custody may be awarded to a third party; under these provisions, any person may petition the court as an interested party). In re Interest of G.A.W., 867 S.W.2d 704 (Mo. Ct. App. 1993) (in contest between stepfather and father after death of mother, trial court erred in granting custody to stepfather in absence of finding that child’s welfare would be manifestly jeopardized by father’s unfitness).

(27) Montana: Mont. Code Ann. 40-4-211(4)(b) (1995) (state provisions of Uniform Marriage and Divorce Act, giving standing to person other than parent to petition for custody if child is not in physical custody of one of parents). In re A.R.A., ___ Mont. ___, 919 P.2d 388 (1996) (amendment to Montana’s Uniform Marriage and Divorce Act, under which remarried custodial parent’s spouse may be awarded custody of parent’s child on parent’s death, without termination of the noncustodial parent’s rights, is unconstitutional); In re Marriage of Miller, 251 Mont. 300, 825 P.2d 189 (1992) (stepparent’s only venue for custody of stepchild was child abuse, neglect, and dependency proceedings); Pierce v. Pierce, 198 Mont. 255, 645 P.2d 1353 (1982) (stepfather had no standing in divorce action to request custody of stepchild, and doctrine of equitable estoppel was inapplicable).

(34) North Carolina: N.C. Gen. Stat. 50-13.1 (1995) (allows any person to file action seeking custody of child). Peterson v. Rogers, 337 N.C. 397, 445 S.E.2d 901 (1994) (visitation statute was not intended to confer upon strangers the right to bring custody or visitation action against parents of children unrelated to those strangers).

(35) North Dakota: N.D. Cent. Code 14-09-06.1 (1991) (authorizes an order for custody to a third party). Seigneur v. Olson, 519 N.W.2d 15 (N.D. 1994) (after death of custodial father, custody awarded to stepmother on showing of "exceptional circumstances" including abandonment by mother).

(37) Oklahoma: Okla. Stat. Ann. tit. 10, 21.1 (West Supp. 1996) (authorizing appointment of nonparent guardian following death of custodial parent if it would be detrimental to child for noncustodial parent to have custody). Looper v. McManus, 581 P.2d 487 (Okla. 1978) (court may grant visitation to stepparent on showing of best interests of child).

(50) Wisconsin: Wis. Stat. Ann. 767.24(3)(a) (West Supp. 1995) (provides for an award of custody to a "relative" of child; "relative" of child includes stepparent under Wis. Stat. Ann. 48.02(15)); Wis. Stat. Ann. 767.245(1) (West 1981) (specifically recognizing stepparent visitation on divorce where the stepparent has acted in loco parentis). In re Custody of H.S.H.-K., 193 Wis. 2d 649, 533 N.W.2d 419 (1995) (court has equitable power to hear petition for visitation by unrelated person where court determines that person had parent-like relationship with child); Cox v. Williams, 177 Wis. 2d 433, 502 N.W.2d 128 (1993) (court was without jurisdiction to grant former stepmother standing to seek visitation, where after custodial father died there was no pending action before the court in which stepmother could intervene; stepparent may seek visitation only in actions for divorce).

COMMUNITY PROPERTY – Community property states treat all income or property that was acquired during the marriage, with the exception of gifts or inheritances, as belonging to both partners. Each spouse has an undivided one half interest in the whole asset, regardless of whose name is on the title. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

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